Can an employee’s use of social media expose an employer to legal liability?
The short answer is: yes. Just as a careless employee driving a company vehicle can create liability for his employer by crashing into another car, so can an employee’s use of social media expose you to liability both inside and outside your workplace. Employees using social media may defame another individual; they may infringe on trademarks or copyrights; they may disclose trade secrets, or private customer or co-worker information. Further, the use of social media by your management personnel may greatly increase your exposure to discrimination or harassment charges and lawsuits. For example, managers or supervisors may post offensive pictures or language on their Facebook wall that are seen by co-workers or employees. Other employees may comment upon these images or posts, leading to direct communication between co-workers about these personal issues that may be inappropriate. For another example, your human resources personnel may be reviewing potential applicants’ social media pa
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